Amendment limits size of accessory structures

The proliferation of large outbuildings in residential areas led to a zoning code amendment the Hot Springs Board of Directors adopted last week.

The zoning code deems homes as principal buildings on residential zoned lots, with outbuildings such as detached garages or sheds serving a subordinate purpose. The ordinance adopted last week supplements the accessory buildings/structure definition, adding restrictions on height and size relative to the main building or principal use of the lot.

The ordinance limits the height of subordinate structures to the height of the main building and their total area to 50 percent of the main building. The restrictions apply to all residential zones and commercial transitional, village district and planned development district zones.

"We have recently been seeing the construction of outsized buildings, buildings in some cases larger than the home," Planning and Development Director Kathy Sellman told the board. "These are in established neighborhoods. We've had many complaints from other residents in those neighborhoods that larger structures are changing the visual character of their neighborhood as well as lending themselves to nonresidential uses such as vehicle repair. We've had many complaints about those."

The city said property owners can petition the Board of Zoning Adjustment for relief from the restrictions.

"The BZA may hear requests from the literal provisions of the zoning code in instances where strict enforcement of the code would cause hardship due to circumstances unique to the individual property under consideration, and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of the code," said the board action request form the planning and development department submitted.

The city said the planning commission unanimously approved the amendment at its May 9 meeting. Existing outbuildings are exempt from the restrictions.